Terms of Use

Welcome and thank you for your interest in Resbow.com and Residencebyowner.com (operated by Web Ideas LLC). The use of Us, we, Resbow, Resbow.com, Residencebyowner.com represent the names used by Web Ideas LLC. By clicking a registration or new account submission button, or by otherwise using Resbow.com’s websites, networks, mobile applications, or other services provided by Resbow.com (collectively, the “Services”), or accessing any content provided by Resbow.com through the Services, you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”).

1. Resbow.com’s Role. Resbow.com DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. Resbow.com IS NOT A FINANCIAL OR REAL ESTATE BROKER OR LENDER. FOR ADDITIONAL INFORMATION, PLEASE SEE SECTION 7. Resbow.com’s business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Resbow.com may serve advertisements based on the information we collect through the Services. See the Privacy Policy for more details. Resbow.com assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.

2. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with Resbow.com permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.

3. Use of the Services; Restrictions.

A. Use of the Services. As long as you comply with these Terms of Use, Resbow.com grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App (as defined in Section 4(B) below) on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services.

B. Mobile Applications. To use any mobile application that might be available to use the Services (an “App”), you must have a compatible mobile device. Resbow.com does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. Resbow.com may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.

C. Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services only as necessary for your personal use or Pro Use to view, save, print, fax and/or e-mail such information.

4. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:

reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;

use information provided by Resbow.com through the Services in making any loan-related decisions;

provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;

use the Services for resale, service bureau, time-sharing or other similar purposes;

reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Resbow.com for a particular portion of the Services;

upload invalid data, viruses, worms, or other software agents to the Services;

interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Resbow.com may use to prevent or restrict access to the Services;

use the Services in any way that is unlawful, or harms Resbow.com, its service providers, suppliers, or any other user;

distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;

impersonate another person or misrepresent your affiliation with another person or entity;

conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;

remove or modify any copyright or other intellectual property notices that appear in the Services;

use any of Resbow.com’s trademarks as part of your screen name or email address on the Services; or

attempt to, or permit or encourage any third party to, do any of the above.

5. Fees.

A. Generally. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If Resbow.com changes the fees for all or part of the Services, including by adding fees or charges, Resbow.com will provide you advance notice of those changes. If you do not accept the changes, Resbow.com may discontinue providing the applicable part of the Services to you. Resbow.com’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize Resbow.com to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, Resbow.com may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Resbow.com to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Resbow.com may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by contacting us at: info@Residencebyowner.com, or through your settings page for the paid feature.

6. User Materials.

A. UGC Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide to Resbow.com images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant Resbow.com an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Resbow.com will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. Resbow.com may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Resbow.com and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use. Resbow.com will not use client contact information that is uploaded by agents into the Resbow Agent Hub portal for any purpose.

B. UGC Disclaimer. Resbow.com is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. Resbow.com may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in Resbow.com’s sole judgment violate these Terms of Use or are otherwise objectionable, including in any way described in our Good Neighbor Policy described in Section 13(B). You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Resbow.com with respect to User Materials. Resbow.com expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, Resbow.com may investigate the allegation and determine in Resbow.com’s sole discretion whether to remove the User Materials, which Resbow.com reserves the right to do at any time and without notice. For more information on Resbow.com’s handling of infringing content, please see Section 11 below.

7. 3rd Party/Linked Services/Sent information.

A. Generally. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under Resbow.com’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. Resbow.com does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that Resbow.com may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of Resbow.com. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Resbow.com is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

B. Certain Third-Party Services.

(i) Financial Products. If you choose to contact a bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for rate quotes) on the Services, you authorize Resbow.com (and, in the event that the Third-Party Provider is a bank, lender, financial institution, originator, loan broker or other mortgage professional, each a “Lender”, you authorize Resbow.com) to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. Resbow.com is only providing an administrative service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers are made by participating Lenders and not Resbow.com. These non-binding quotes are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act. By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Interest rates displayed through the Services are for information purposes only and reflect non-binding customized quotes of the terms a Lender might offer a borrower fitting a consumer’s anonymous profile. Actual interest rates may vary. Loan approval standards are established and maintained solely by individual Lenders. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Resbow.com: (a) is not a Lender, loan originator, loan processor or underwriter; (b) does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans; (c) does not take mortgage applications, make loans or credit decisions or pre-approve borrowers for loans; (d) is not an agent of either any consumer or any Lender; (e) does not endorse, refer or recommend any Third-Party Provider that pays Resbow.com or the products of any Third-Party Provider that pays Resbow; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.

(ii) Rental Products. If you choose to submit your information in order to submit a background or credit check, you are subject to the Checkr and Experian terms as described in Section 7(C) below. Resbow.com does not process or store background or credit check information, and does not control how a landlord uses background or credit check information in evaluating its applications. Resbow.com does not guarantee any acceptance by a landlord of an application, but does require all landlords using the Services to comply with the Fair Housing Act and other applicable laws.

C. Additional Terms for Third Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:

(ii) Stripe. Some of the Services allow you to use Stripe Connect to make payments to other users, and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal. Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses.

(iii) Checkr. Some of the Services allow users to use our third-party background check partner’s, Checkr’s, services to submit an application and background check to a landlord. If you are a Renter using the Checkr services, you authorize Resbow to obtain your background check report, including criminal and eviction history, and to share that information with Landlords you submit an application to, and agree to the Checkr Terms of Use available at https://checkr.com/terms-of-service/. If you are a Landlord using the Checkr services, you agree to use the background check reports in compliance with the law, and agree to the Checkr Background Check Report Terms of Use, available at https://resbow.com/rental-manager/terms/Checkr-Terms-of-Use.

(iv) Chase. Some of the Services allow you to use Chase to make payments to Resbow.com. Your use of the Chase payments feature is subject to the Chase Paymentech Privacy Policy, available at https://www.chasepaymentech.com/.

(v) Plaid. The rental payments feature allows you to link your bank account through Plaid for the purposes of making or receiving rental payments. By using Plaid, you agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy, available at https://plaid.com/legal.

(vi) Experian. Some of the Services allow you to use the Experian Connect service to submit a request for a credit check be sent to a landlord. If you use the Experian services, you agree to the Experian Connect Terms and Conditions, available at https://connect.experian.com/legal/terms.html.

9. Intellectual Property. The Services are owned and operated by Resbow.com. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Resbow.com Materials”) provided by Resbow.com are protected by intellectual property and other laws and are the property of Resbow.com or Resbow.com’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Resbow.com Materials, and Resbow.com reserves all rights to the Resbow.com Materials and Services not granted expressly in these Terms of Use.

Intellectual Property Notices:

The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Resbow.com does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.

10. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any Resbow.com Materials (“Feedback”), then you hereby grant Resbow.com an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.

11. DMCA; Claims of Copyright Infringement. Resbow.com respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Resbow.com’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

a. Identification of the copyrighted work that you claim has been infringed;

b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;

c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and

d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

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